What is the time limit for issuance of certificate of marital status in Vietnam from the date on which the satisfactory application is received?
- What is the time limit for issuance of certificate of marital status in Vietnam from the date on which the satisfactory application is received?
- Which agency has the power to issue certificates of marital status to the applicant?
- In case of untruthful confirmations, does the civil registration authority have the right to refuse to process?
What is the time limit for issuance of certificate of marital status in Vietnam from the date on which the satisfactory application is received?
Pursuant to Article 22 of Decree No. 123/2015/ND-CP stipulating the procedures for issuing certificates of marital status, specifically as follows:
Procedures for issuing certificates of marital status
1. An applicant for certificate of marital status shall submit an application form using the form as prescribed. If the application for certificate of marital status is submitted for marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law on marriage and family.
2. If the applicant for certificate of marital status had been married but he/she obtained divorce then or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records is required.
3. Within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant. Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate of marital status.
4. If the applicant for certificate of marital status has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall then request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.
Within 3 working days from the date on which the written request is received, the requested People’s Committee of commune shall verify and respond in writing to the requesting People’s Committee of commune in terms of the applicant's marital status during his/her residence in the commune.
5. As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant as prescribed in Clause 3 of this Article.
6. If a person applies for reissuance of a certificate of marital status for other purposes or due to expiration of the certificate of marital status as prescribed in Article 23 of this Decree, the certificate of marital status that was issued must be returned.
Thus, according to regulations, within 3 working days from the date on which the satisfactory application is received, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status is consistent with regulations of law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant.
What is the time limit for issuance of certificate of marital status in Vietnam from the date on which the satisfactory application is received? (Image from the Internet)
Which agency has the power to issue certificates of marital status to the applicant?
According to the provisions of Article 21 of Decree No. 123/2015/ND-CP stipulating the power to issue certificates of marital status as follows:
The power to issue certificates of marital status
1. The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
2. Clause 1 of this Article also apply in case of issuance of certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.
Thus, according to the regulations:
- The People’s Committee of commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
- If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on residence, the People’s Committee of commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
In case of untruthful confirmations, does the civil registration authority have the right to refuse to process?
Pursuant to the provisions of Article 5 of Circular No. 04/2020/TT-BTP stipulating the responsibilities and consequences arising from untruthful confirmations, specifically as follows:
Responsibilities and consequences arising from untruthful confirmations
1. If the civil registration applicant is permitted to draw up a written confirmation of the accuracy of the contents in their application, the civil registration authority must explain the responsibilities and consequences arising from untruthful confirmations to the person drawing up the confirmation.
2. The civil registration authority may refuse to process a civil registration application or request the competent authority to annul the result of a civil registration application if there are grounds to confirm that the confirmation is untruthful.
Thus, the civil registration authority may refuse to process a civil registration application or request the competent authority to annul the result of a civil registration application if there are grounds to confirm that the confirmation is untruthful.
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